Posted on 07/19/2010 12:53:28 PM PDT by jazusamo
In a final bit of written testimony before the Senate Judiciary Committee votes on her nomination Tuesday, Elena Kagan indicates that she will not step aside from a case challenging the controversial health care law if she's confirmed to a seat on the Supreme Court.
Kagan's comments were prompted by a letter sent to her by all seven committee Republicans asking her about her role as Solicitor General in developing a strategy to defend the federal government from a lawsuit—still in its preliminary stages--challenging the health care law that passed earlier this year. It is widely expected that at least one lawsuit against the measure will make it to the Supreme Court in the coming years.
The new testimony reiterates Kagan's previous declaration that she will recuse herself from any case in which she was the counsel of record or played a substantive role. While Kagan says she'll consider recusal matters on a case-by-case basis, she says her limited role in the state of Florida's lawsuit against the health care legislation--attendance at one meeting where the case was "briefly mentioned"--doesn't rise to the level of involvement Kagan says is needed for recusal.
There's little drama leading up to Tuesday’s vote which is expected to break along partisan lines and move Kagan one step away from a lifetime appointment to the bench. A final vote from all senators is expected before they break in early August for their summer recess.
South Carolina Senator Lindsey Graham may be the only senator on the 19 member panel to break ranks on the committee vote. The Republican spoke well of Kagan during the hearing and was the only committee member of his side to vote for now Justice Sonia Sotomayor in 2009.
(Excerpt) Read more at liveshots.blogs.foxnews.com ...
Now there’s a surprise. (/sarcasm)
estrada?
bork?
Damn linsdey. I think you’re gonna lose your job next chance.
Strange eh?!
That would be a fantastic event, bye bye Lindsey.
All part of Obama's master plan.
She would be totally useless to Obama if she recuses herself on health-care.
The list, ping
Filibuster her you !%*$@ Republican Senators - grow some gonads.
stopp kagan...she will do for the supremes what obama has done for the oval office...sell it.
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